May 20, 1997

DAR OPINION NO. 56-97

Atty. Manuel R. Ravanera

Back of Macaibay Compound

Carmen, 9000 Cagayan de Oro City

Dear Atty. Ravanera:

This pertains to your letter addressed to Director Isidro Dublado of DAR-Region X, copy furnished the Office of the Honorable Secretary Ernesto D. Garilao, stating that you are writing on behalf of your clients who are currently having problems in their application for retention, a substantive right guaranteed by the Comprehensive Agrarian Reform Program (CARP), which was denied due to mere technicalities, particularly, the alleged non-compliance of the requirements for retention.

You state that your client would want to establish an agricultural venture in the area but have met several problems due to the alleged coverage under the Agrarian Reform Program initiated, by the Municipal Agrarian Reform Office in the Municipality of El Salvador, Misamis Oriental; that your client would still want to pursue their application for retention and at the same time to do initial activities in their agricultural venture; that pending approval of their application for retention; your client are requesting that they be allowed to construct various structures in order to raise poultry products; and that you would like to closely coordinate with our office involving this matter and you will appreciate it so much if we will furnish you current directives involving applications for retention and in establishing agricultural ventures in line with the objectives of the Agrarian Reform Program.

As gleaned from your letter and the attachment appended thereto, noticeable is the fact that your clients Mr. Jose Sanciangco and Jesus Sanciangco filed on August 4, 1995 an application for retention of their landholding with an area of approximately 33 has. Situated in Kalabaylabay El Salvador, Misamis Oriental. Please be clarified at the outset that under Section 6 of R.A. No. 6657, it provides in part, quote "Except as otherwise provided in this Act, no person may own or retain, directly or the indirectly, any public or private agricultural land, . . . but in no case shall retention by the landowner exceed five (5) hectares. Three (3) hectares may be awarded to each child of the landowner, subject to the following qualifications: 1) that he is at least fifteen (15) years of age; and 2) that he is actually tilling the land or directly managing the farm . . ." Since your clients' application for retention is clearly in excess of what the law allows, such application will necessarily be denied insofar as the excess area is concerned. Accordingly, your clients will only be entitled to retain within the limits set forth by law and after complying with all the requirements thereto. The retention limit is in line with the State's objective of controlling and democratizing the ownership of land as a natural resource with the end view of achieving a more equitable distribution thereof.

Anent your request for current directives involving application for retention, we are furnishing you herewith DAR Administrative Order No. 11, Series of 1990 and DAR Administrative Order No. 4, Series of 1991 for your ready reference.

Thank you for communicating with us and we hope to have clarified the matters with you.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Director Isidro Dublado

Office of the Regional Director

DAR-Region X

Macanhan, Cagayan de Oro City